A man jailed over the killing of two Victorian police officers more than two decades ago has had his murder convictions quashed and a new trial reordered.
Jason Roberts (pictured, below) will receive a new trial over the deaths of Sergeant Gary Silk and Senior Constable Rodney Miller (main photo), who were killed on duty after being shot in the early hours of August 16 in 1998, as they investigated a series of robberies outside the Silky Emperor restaurant in Moorabbin, south east Melbourne.
Mr Roberts – who was a teenager at the time of the murders – and a second man, Bandali Debs, were convicted of the officers’ killings four years later, but Roberts has always maintained his innocence.
In a Summary of Judgement handed down today, the court rejected a submission that Roberts should be acquitted of the crime.
“The Court ordered that the appellant’s convictions be quashed and an order made for a new trial,” it stated.
“It rejected the submission that the appellant should be acquitted, holding that the public interest in prosecution of very serious criminal offences and in the determination of the appellant’s guilt by jury, required a retrial.”
In an appeal in June this year, Mr Roberts’ barrister, Peter Matthews, claimed Victorian Police had manipulated and concealed evidence about the number of offenders at the scene, which had been central to the prosecution case against Mr Roberts and had deprived him of a fair trial.
In a joint statement today, the families of Sergeant Silk and Senior Constable Miller said they were “absolutely devastated” by the court’s decision.
“It is not the decision we were hoping to hear, 22 long years after Gary and Rod were murdered,” they said.
“We are deeply saddened for the members of Task Force Lorimer, who have dedicated so much of their lives to ensuring that Rod and Gary received justice.
“The original jury got it right the first time, as did the Court of Appeal, and then the High Court when earlier appeals by Mr Roberts were made, and we can only hope a new jury will do so again.”
The devastated families of the victims said they have “no doubt” that the original convictions of Mr Roberts and Mr Debs.
“A number of lives changed when Gary and Rod were murdered, and lives will never be the same including those of the first responders and Task Force Lorimer members who have been admirable in their courage, determination and grace as they remained steadfast in their commitment to bringing the 2 killers to justice,” they said.
“What can’t be changed is that two Victorian police officers – Gary Silk and Rod Miller – sons, brothers, and a father of a seven-week-old son, were callously murdered on 16 August 1998.”
Police Association Victoria Secretary, Wayne Gatt said in a statement that the fallen officers’ families would continue to fight for justice.
“This is a difficult day, one of too many to count for the families of Gary Silk and Rod Miller over the past 22 years,” he said.”
“In 22 years, they’ve not been afforded the clear air and certainty to look forward without having to look back.”
“They won’t rest until their loved ones can…The Police Association will stand with them.”
Mr Roberts, now 39, has spent two decades in custody since he and Debs were arrested. A date has not yet been set for his retrial.
His barrister, Peter Matthews, is expected to make an application for bail in the coming days.
In a statement, Mr Roberts’ solicitor, Simon Moodie, said his client welcomed the court’s decision and “looks forward to a fair trial”.
“Given that there will be a retrial, he makes no further comment at this time,” Mr Moodie said.
